"Refugees" and "Asylees"
A person who is not a United States citizen but who is in the United
States is eligible for a grant of asylum if she or he qualifies as a
refugee. Generally, a refugee is a person who demonstrates persecution
or a well-founded fear of persecution on account of that person's race,
religion, nationality, membership in a particular social group, or political
opinion. The persecution may be at the hands of the government of the
person's country, or at the hands of those whom the government cannot
or will not control.
What is the difference between a refugee and an asylee?
Refugees and asylees are people seeking protection in the U.S. on the
ground that they fear persecution in their homeland. A refugee applies
for protection while outside the United States. An asylee differs from
a refugee because the person first comes to the United States and, once
here, applies for protection. Refugees generally apply in refugee camps
or at designated processing sites outside their home countries. In some
instances, refugees may apply for protection within their home countries,
such as in Cuba, and Vietnam. If accepted as a refugee, the person is
sent to the U.S. and receives assistance through the “refugee
resettlement program”.
What is a Well-Founded Fear of Persecution
An asylum applicant must establish that she was persecuted or that
she actually fears persecution (subjective belief) on account of one
of the five grounds, and that a reasonable person in the applicant's
position would also fear persecution (objective standard) on account
of one of the five grounds. "Persecution" means "a threat
to the life or freedom of, or the infliction of suffering or harm upon,
those who differ in a way regarded as offensive."
Past Persecution and Well Founded Fear of Persecution and Countrywide
Persecution
A person can qualify for asylum either on the basis of past persecution
or a well-founded fear of persecution or a combination of both. Generally,
a finding of past persecution results in a presumption of a well-founded
fear of persecution.
